Regulatory Alerts

Listed below are documents published in the Federal Register and open for comment that may significantly affect small businesses. Advocacy encourages affected small businesses to provide the Federal agency issuing the notice with comments on the proposed action and the agency's analysis of its potential impacts on small business. Please share with the Office of Advocacy your comments on these and other regulatory proposals of importance to small businesses.

The Department of Labor’s Wage and Hour Division (DOL) published its proposed rule that amends the regulations under the Fair Labor Standards Act (FLSA) governing the “white collar” exemption from overtime pay for executive, administrative and...

On June 17, 2015, the Securities and Exchange Commission (SEC) issued a proposed rule that would revise the paperwork requirements for investment advisers who are registering with the SEC and with their state. Specifically, the SEC is proposing...

On May 28, 2015 the FAR Council published a proposed rule, Fair Pay and Safe Workplaces, to amend the Federal Acquisition Regulation (FAR) to implement the Executive Order “Fair Pay and Safe Workplaces.” The Executive Order (E.O.) requires that...

The Equal Employment Opportunity Commission (“EEOC”) is issuing a proposed rule that would amend the regulations and guidance documents on employer wellness programs under Title I of the Americans with Disabilities Act (ADA). The rule amends the ADA...

The Department of Homeland Security (DHS) and the Department of Labor (DOL) are jointly issuing an interim final rule regarding program changes to the H-2B visa program, which allows employers to hire temporary non-agricultural guest workers.

The Department of Homeland Security (DHS) and the Department of Labor (DOL) are also issuing a Final Rule which governs the wage methodology for temporary non-agricultural workers in the H-2B visa program.

On April 14, 2015, the Employee Benefits Security Administration (EBSA) of the Department of Labor (DOL) issued a proposed rule intended to protect investors from hidden fees in retirement investment advice. To accomplish this, the proposed rule...

On February 23, 2015, the Federal Aviation Administration (FAA) published its proposed Operation and Certification of Small Unmanned Aircraft Systems (Small UAS or small drones) rule. The proposed rule would allow small UAS to operate commercially...

On March 24, 2015, the U.S. Citizenship and Immigration Services posted a Policy Memorandum that provides guidance on the processing of the L-1B visa classification, which permits international companies to transfer employees who possess “...

On March 5, 2015, the National Credit Union Administration Board (NCUA) published a proposed rule to amend Interpretive Ruling and Policy Statement (IRPS) 87-2, as amended by IRPS 03-2 and 13-1. The amended IRPS would increase the asset threshold...

On March 9, 2015, EPA issued a request for comment on its periodic retrospective review of regulations. EPA intends this request for comment to focus on “how the agency can promote regulatory modernization through business-process streamlining...

On February 13, 2015, the Internal Revenue Service (IRS) issued guidance intended to make it easier for small business owners to comply with the final tangible property regulations (commonly referred to as the repair regulations). The simplified...

On November 21, 2014, the President issued a memorandum giving the Secretaries of State and Homeland Security 120 days to lead an effort to develop recommendations on the subject of modernizing and streamlining the U.S. immigrant and nonimmigrant...

On December 18, 2014, EPA issued proposed regulations that would establish national emission standards for hazardous air pollutants (NESHAP) for brick and structural clay products manufacturing. This rule would set emission standards for a wide...

On December 17, 2014, EPA issues proposed revisions to the national ambient air quality standards (NAAQS) for Ozone. This widely anticipated rule proposes to lower the primary standard to a level within the range of 65 to 70 parts per billion. ...

On November 3, 2014, the Internal Revenue Service (IRS) issued proposed regulations that prescribe how a partner should measure its interest in a partnership's unrealized receivables and inventory items. The proposed rule also would provide...

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have extended the comment period for the proposed rule defining the scope of waters protected under the Clean Water Act (CWA). This proposal would set forth...

On September 17, the Office of Federal Contract Compliance Programs (OFCCP) of the Department of Labor released a proposed rule that would prohibit federal contractors from maintaining pay secrecy policies. The rule, which implements Executive...

On September 4, 2014, the Farm Credit Administration (FCA) published a proposed rule on Regulatory Capital Rules: Regulatory Capital, Implementation of Tier 1/Tier 2 Framework. FCA is seeking comments on this proposed rule that would revise the...

On August 28, 2014 the National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration (NOAA) released a proposed rule for the Gulf of Mexico Fishery Management Council’s Fishery Management Plan for Regulating...

On August 8, 2014, the Office of Federal Contract Compliance Programs (OFCCP) of the Department of Labor released a proposed rule to require certain contractors to submit reports on employee compensation. The rule requires employers who file...

On August 1, 2014, the Department of Justice released a proposed rule to require movie theaters to show movies with closed captioning and audio description for all movie showings (if produced or distributed with this capability) unless to do so...

On July 24, 2014, the Bureau of Consumer Financial Protection (Bureau) published a proposed rule amending Regulation C to implement amendments to the Home Mortgage Disclosure Act (HMDA) made by section 1094 of the Dodd-Frank Wall Street Reform and...

On June 17, 2014, the Department of Labor released a proposed rule implementing Executive Order 13658, which increases the hourly minimum wage for federal contractors, subcontractors and their workers to $10.10 per hour, beginning January 1, 2015,...

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have extended the comment period for the proposed a rule defining the scope of waters protected under the Clean Water Act (CWA). This proposal would set forth...

The U.S. Fish and Wildlife Service and the National Marine Fisheries Service propose to amend the definition of “destruction or adverse modification of critical habitat” under the Endangered Species Act of 1973. The new definition would read as...

GSA Announces Open Dialogue on Improving Federal Procurement . The Chief Acquisition Officers Council (CAOC), in coordination with the Federal Acquisition Regulatory Council (FAR Council), the Chief Information Officers Council (CIOC), the General...

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have proposed a rule defining the scope of waters protected under the Clean Water Act (CWA). This proposal would set forth several categories of waters to be...

On April 24, 2014, the Food and Drug Administration (FDA) Center for Tobacco Products issued a proposed rule that would deem formerly unregulated products as “tobacco products” subject to FDA regulation under the Family Smoking Prevention and...

On June 10, 2013, EPA issued a proposed rule in the Federal Register concerning formaldehyde emissions standards for composite wood products. EPA has now reopened the comment period for 30 days for that standard and will hold a public meeting for...

EPA is preparing to convene a Small Business Advocacy Review panel to provide input and recommendations for its upcoming proposed rule on Medium- and Heavy-Duty Greenhouse Gas Emissions Standard. EPA seeks self-nominations directly from the small...

On February 12, 2014, the National Institute of Standards and Technology (NIST) published the Final Cybersecurity Framework. According to NIST, “the framework allows organizations—regardless of size, degree of cyber risk or cybersecurity...

On February 6, 2014, the National Labor Relations Board re-issued a proposal that would amend its rules and regulations governing the filing and processing of petitions relating to the representation of employees for purposes of collective...

On February 10, 2014, the Internal Revenue Service (IRS) issued final regulations that provide guidance on large employers' shared responsibility for employee health insurance coverage under section 4980H of the Internal Revenue Code. Under the...

On February 10, 2014, the Occupational Safety and Health Administration (OSHA) published a proposed rule that would extend the compliance date for construction crane operator certification, as well as the existing requirements for employers to...

On January 23, 2014, the Internal Revenue Service (IRS) issued proposed regulations that provide additional guidance to individual taxpayers who may be liable for the shared responsibility payment for not maintaining minimum essential coverage under...

On January 8, EPA published for public comment its proposed Greenhouse Gas (GHG) New Source Performance Standards (NSPS) for Electric Utility Generating Units (EGUs), under section 111(b) of the Clean Air Act. This rule would set carbon dioxide...

On December 18, the Securities and Exchange Commission (SEC) issued a proposed rule to implement Title IV of the JOBS Act by amending Regulation A. Currently, Regulation A securities offerings are limited to $5 million and are subject to each state’...

The U.S. - Canada small business team for the Regulatory Cooperation Council will update stakeholders on progress made, and seek feedback on, the Small Business Lens (SBL) in a webinar on Friday, January 17, 2014 from 1:00 pm to 2 pm EST.

On November 8, 2013, the Occupational Safety and Health Administration (OSHA) published its proposed Improve Tracking of Workplace Injuries and Illnesses rule in the Federal Register. OSHA’s proposed rule would amend its recordkeeping regulations...

The National Institute of Standards and Technology (NIST) seeks comments on a preliminary version of the Cybersecurity Framework (“preliminary Framework”). NIST is developing the Framework as directed by Executive Order 13636, “Improving Critical...

On November 6, 2013, the United States International Trade Commission (USITC) announced the new date for the Washington, DC public hearing postponed because of the federal government shutdown. The hearing is scheduled for November 20, 2013 at 9:30...

On October 25, 2013, the Occupational Safety and Health Administration (OSHA) announced it was extending the comment period and other deadlines for its proposed Occupational Exposure to Crystalline Silica (Silica) rule, published in the Federal...

On October 23, the Securities and Exchange Commission (SEC) issued a proposed rule to implement Title III of the JOBS Act, which established the foundation for a regulatory structure for startups and small businesses to raise capital through...

The Department of Commerce’s Internet Policy Task Force seeks public comment from all interested stakeholders on several copyright policy issues: the legal framework for the creation of remixes; the relevance and scope of the first sale doctrine in...

On October 3, 2013 the Federal Trade Commission published a notice requesting public comment on its proposed information requests to Patent Assertion Entities (PAEs) in the wireless communications sector, including manufacturers and other non-...

The Fish and Wildlife Service and the National Marine Fisheries Service propose to amend certain regulations regarding incidental take statements. The changes will address the use of surrogates (e.g. habitat, ecological conditions, or similarly...

The Bureau of Safety and Environmental Enforcement proposes to amend and update the regulations by differentiating the requirements for operating dry tree (surface production) and subsea tree production systems on the Outer Continental Shelf and...

On September 5, 2013, the Internal Revenue Service (IRS) issued two proposed regulations to implement the information reporting requirements for insurers and certain employers under the Affordable Care Act (ACA). One proposed rule would require...

On September 3, 2013, the Department of Energy (DOE) published a notice announcing that it is initiating the process to consider amending the energy conservation standards for commercial packaged boilers. After concluding review of the available...

On August 29, 2013, OMB invited written public comments on the U.S. – Canada Regulatory Cooperation Council’s progress to date and how to address regulatory divergence between the U.S. and Canada governments. Canada and the U.S. intend to identify...

On September 6, 2013, the United States International Trade Commission (USITC) announced the dates for a series of roundtables the agency will hold, with the assistance of the Small Business Administration, across the U.S. The USITC is seeking...

On August 23, 2013, the Internal Revenue Service (IRS) issued proposed regulations that provide guidance on the Internal Revenue Code section 45R tax credit available to small “eligible employers” that offer health insurance coverage to their...

On July 11, 2012, OMB issued Memorandum M-12-16, “Providing Prompt Payment to Small Business Subcontractors,” to improve cash flow for small businesses and increase small business participation in all levels of Federal contracting.

The Architectural and Transportation Barriers Compliance Board (Access Board) has extended the public comment period for proposed guidelines for passenger vessels. Comments are now due on January 24, 2014.

On July 29, 2013, the Food and Drug Administration (FDA) published in the Federal Register its proposed rule on Accreditation of Third-Party Auditors/Certification Bodies to Conduct Food Safety Audits and Issue Certifications as established by the...

On July 3, 2013, the Centers for Medicare and Medicaid Services (CMS) published in the Federal Register its proposed rule on Medicare and Medicaid Programs; Home Health Prospective Payment System Rate Update for CY 2014, Home Health Quality...

On July 30, 2013, the United States International Trade Commission (USITC) published a Federal Register notice notifying SMEs that the USITC is seeking information for a report that will identify trade-related barriers that U.S. SMEs perceive as...

On July 29, 2013, the Food and Drug Administration (FDA) published in the Federal Register its proposed rule on Foreign Supplier Verification Programs for Importers of Food for Humans and Animals as established by the 2011 FDA Food Safety...

The Environmental Protection Agency extends comment periods for proposed rules: Third Party Certification Framework for the Formaldehyde Standards for Composite Wood Products for 16 days and Formaldehyde Emissions Standards for Composite Wood...

The U.S. Environmental Protection Agency (EPA) is inviting small businesses, governments, and not-for-profit organizations to participate as SERs for an SBAR Panel that will explore changes to existing uses of polychlorinated biphenyls (PCBs). This...

On July 10, the Securities and Exchange Commission (SEC) issued a final rule implementing section 201(a) of JOBS Act, which lifts the ban on general solicitation and general advertising. The SEC rule permits startups, venture capitalists, and hedge...

On June 20, 2013, the National Oceanic and Atmospheric Administration, National Marine Fisheries Service of the Department of Commerce (NMFS) published its plan to periodically review seventy-six existing regulations. Section 610 of the Regulatory...

On June 7, 2013, EPA proposed revisions to its Steam Electric Power Generating effluent guidelines and standards (40 CFR Part 423). The guidelines were first published in 1974, and amended in 1977, 1978, 1980 and 1982. The regulation covers...

On Monday July 1, 2013, the Department of the Interior published a notice announcing a proposed categorical exclusion from the requirements of the National Environmental Policy Act for the U.S. Fish and Wildlife Service. The exclusion would allow...

On July 2, 2013, the Department of Treasury (Treasury) announced that enforcement of the employer health insurance mandate will be delayed for one year until 2015. The Affordable Care Act imposes penalties on applicable employers that do not offer...

On June 27, the Internal Revenue Service (IRS) issued a notice providing relief from the Affordable Care Act shared responsibility payment for specified individuals who are eligible to enroll in some eligible employer-sponsored health plans with a...

The U.S. Environmental Protection Agency (EPA) is inviting small businesses, governments, and not-for-profit organizations to participate as Small Entity Representatives (SERs) for a Small Business Advocacy Review (SBAR) Panel. This panel will focus...

The Architectural and Transportation Barriers Compliance Board (Access Board) has released for public comment proposed guidelines for passenger vessels. Developed under the Americans with Disabilities Act (ADA), the guidelines provide design...

On June 10, 2013, the Bureau of Land Management (BLM) extended the comment period for the supplemental notice of proposed rulemaking entitled Oil and Gas; Well Stimulation, Including Hydraulic Fracturing, on Federal and Indian Lands. This...

On June 10, 2013, EPA published two proposed rules on formaldehyde in composite wood products: Formaldehyde Emissions Standards for Composite Wood Products and Third-Party Certification Framework for the Formaldehyde Standards for Composite Wood...

On May 24, 2013, the Bureau of Land Management (BLM) published a supplemental notice of proposed rulemaking entitled Oil and Gas; Well Stimulation, Including Hydraulic Fracturing, on Federal and Indian Lands. This supplemental notice relates to the...

On February 12th, 2013, the President issued the Executive Order for Improving Critical Infrastructure Cybersecurity (Executive Order 13636). In accordance with Section 8(e) of Executive Order 13636, within 120 days, the General Services...

The Office of Small and Disadvantaged Business Utilization (OSDBU) is currently reviewing its regulations governing the Department of Veterans Affairs (VA) Veteran-Owned Small Business (VOSB) Verification Program. OSDBU intends to improve the...

On April 24, 2013, the Department of Homeland Security (DHS) and the Department of Labor (DOL) released an Interim Final Rule (IFR) amending the methodology for calculating the prevailing wages to be paid to H-2B workers and U.S. workers recruited...

On April 24, 2013, the Department of Homeland Security (DHS) and the Department of Labor (DOL) released an Interim Final Rule (IFR) amending the methodology for calculating the prevailing wages to be paid to H-2B workers and U.S. workers recruited...

On April 1, 2013 EPA proposed to remove the numeric standard it had established in December 2009 as part of court-ordered Effluent Limitation Guidelines (ELGs) for the construction and development industry.

On April 1, the Internal Revenue Service (IRS) issued proposed regulations on the application of the $500,000 deduction limitation for remuneration provided by some health insurance providers under Internal Revenue Code section 162(m)(6).

On March 25, 2013, the U.S. Fish and Wildlife Service, proposed to designate critical habitat for the Northwest Atlantic Ocean Distinct Population Segment of the loggerhead sea turtle (Caretta caretta) under the Endangered Species Act.

On March 19, 2013, the U.S. Fish and Wildlife Service, announced the opening of an information gathering period regarding the status of the fisher (Martes pennanti) throughout the range of its West Coast distinct population segment (DPS) in the...

On January 30, 2013, the Federal Communication’s Commission (FCC) published a proposed rule that would prohibit the certification, manufacture, importation, sale, or use of 121.5 MHz emergency locator transmitters (ELTs).

On January 7, 2013, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published three items in the Federal Register related to the transport of lithium batteries and other materials.

On January 4, 2013, the Food and Drug Administration (FDA) released for public comment its proposed rule on preventive controls established by the 2011 FDA Food Safety Modernization Act (FSMA); this rule focuses on preventing problems that can cause...

On January 4, 2013, the Food and Drug Administration (FDA) released for public comment its proposed rule which proposes enforceable safety standards for the production and harvesting of produce on farms.

On December 3, the Internal Revenue Service (IRS) issued proposed regulations that provide guidance to employers and individuals on the implementation of the additional hospital insurance tax (additional Medicare tax) under the Affordable Care Act.

The U.S. Patent and Trademark Office (USPTO) announced that is extending the public comment period for its proposed rules implementing the first-inventor-to-file (FITF) provisions of the Leahy-Smith America Invents Act (AIA).

The Federal Trade Commission (FTC) will extend until September 24, 2012, the deadline for commenting on additional proposed modifications to the Children's Online Privacy Protection Rule (COPPA), which gives parents control over what information...

The Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS)propose to revise their regulations regarding economic impact analyses conducted for designations of critical habitat under the Endangered Species Act of 1973

The Fish and Wildlife Service, proposes to list the Austin blind salamander, Jollyville Plateau salamander, Georgetown salamander, and Salado salamander as endangered under the Endangered Species Act of 1973.

On Monday, August 6, 2012, the U.S. Small Business Administration (SBA) announce that it will be holding public Webinars regarding the recent amendments to the Small Business Innovation Research (SBIR) and Small Business Technology Transfer Program...

On February 12, 2013, the President issued an Executive Order for Improving Critical Infrastructure Cybersecurity (Executive Order
13636). In accordance with Section 8(e) of Executive Order 13636, the General Services Administration (GSA) and the...

The U.S.-Canada Regulatory Cooperation Council (RCC) is organizing a broad stakeholder session in Washington, D.C., on June 20, 2013. This session will provide an opportunity to engage directly with Canadian and U.S. Working Groups to review...

The Department of Commerce and the U.S. Small Business Administration’s Office of Advocacy will hold a webinar for small businesses on the U.S. - Canada Regulatory Cooperation Council Small Business Lens on June 13, 2013 from 3 p.m. to 4 p.m. EST. ...

SEC Issues Proposed Rule to Amend Regulation D, Form D and Rule 156
On July 10, the Securities and Exchange Commission (SEC) issued proposed rules that would amend Regulation D, Form D and Rule 156. The proposed rule is intended to enhance the SEC...